St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-08-26
JAKE SHARP.
81 Stay of Proceedings Granted in
His Case.

WHITEHALL, n. Y, Aug. 25.-Judge
Potter has granted stay in the Sharp
case. 1t is said this will give him new
trial and may admit him to bail. Judge
Potter in his decision says:
Having become impressed with the clear
conviction that the trial court fell into error
iIr the admission of some of the evidence Of
fered by the prosecution, and that for those
errors the appellate court must grant the de-
fendant new tiial, have not therefore,
examined the evidence any further than that
it had some relations to the objections and
exceptions to the evidence received upon the
trial and the charge of the trial judge. 1
have been called upon to examine the
charge, and / am quite free to say that
The charge is remarkably clear, fair and
fsuluess except in presenting for considera-
ton of the jury those portions of the evidence
which think were erroneously received upon
the trial. In my opinion Important evidence
was received upon the trial ia these respects:
First-Testimony given by the defendant
before the railroad committee of the senate
authorized and directed to investigate the
means and methods used to obtain the con-
sent of the local authorities to construct
Broadway surface railroad.
Second-The fact of the absence of persons
charged in the Indictment with the defend
ant with the crime of bribery and their So
joiirn in Canada as the excuse of their non
production as witnesses against the defend
ant by the prosecution; and,
Third-'rhe opinion or supposition of the
witness Miller rs to the motive or purpose of
Delacy when he handed Miller the So 900.
The testimony of the defendant was taken
before the senate committee under resolution
passed by the senate.
The Judge then quotes the resolution
and continues:
The testimony given by the defendant in
answer TO questions put TO him by the senate
committee and its counsel were received in
upon the trial of the indictment of the de-
fense for bribery of the board of aldermen to
construct the Broadway railroad.
am very decidedly of the opinion the
court erred in admission of such testimony
The rule of common law and before the
adoption of the constition of the United
States. or that of the states. was that wit
ness should not be obliged to give evidence
Syhich could be used against himself in any
criminal trial.
That principle is embodied in the consti-
tuition of the United States and in that of this
state in these words: NO person shall be
compelled in any criminal case to be wit
ness against himself
The same principle apprehend is sub
stantially contained in express terms in the
bill of rights, a constitution in every state Of
the union.
HOW THE NEWS WAS RECEIVED.
NEW YORK, Aug. 25.-At 1870 p. IN.
a hanson drove up to the entrance of
the Ludlow street Jail, and clerk from
the office of Cochran d Clark entered
the Jail bearing the news of a granting
of a stay of proceedings. lie handed
the note personally to Mr.. Sharp, who
read it without showing any signs of
emotion or making any comments upon
it. Mr.. Sharp then handed it to his
wife, who read it and seemed to be de-
lighted at the news.
Jacob Sharp passed a very restless
night. For several hours he tossed
about and groaned necessarily. At 10
O'Clock he arose and was assisted by his
wife. but he soon became exhausted
and had to. return to his bed.
The news of the decision created no
little excitement. A number of people
fiocked to the court house at once to as
certain the truth of the reports. Among
them was Congressman BOurke Cock
ran. who was met by a reporter i'll the
building. All the eminent pleader for
Sharp would say was: Il am very well
satisfied with the decision" He then
all the leading lights in the trial are
out of town. Judge Barrett is at the
Grove hotel, Block island.
LoNG BRANCH. n. j., Aug. 25.-Dis-
triet Attorney MARITIME, of New York,
who is stopping here, said tonight that
he had anticipated that a stay would be
ago he applied to Gov. Hill asking him,
in case stay was granted, to convene
an extraordinary session of the general
term. which would allow arguments in
the case to be heard at once. Ii Sharp'S
lawyers ask that he be admitted to bail.
Mr.. MARITIME says he will demand that
la II Ita fixed at 81 600 600.